2025 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Buchanan County, John J. Sullivan, Judge.  AFFIRMED.  Heard by Ahlers, P.J., and Badding and Buller, JJ.  Opinion by Buller, J.  (7 pages)

            Siblings appeal from the denial of their petition for specific performance to compel the sale of real estate by their brother and his spouse.  OPINION HOLDS: We affirm, finding the siblings were returned to the status quo before the petition was filed and therefore are owed no remedy.

            Appeal from the Iowa District Court for Dallas County, Virginia Cobb, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J.  (6 pages)

            A father appeals the termination of his parental rights to two children under Iowa Code section 600A.8(3)(b) (2022).  OPINION HOLDS: Clear and convincing evidence shows the father abandoned the children.  Although the father tries to blame his lack of contact with the children on external factors, we are unpersuaded.

            Appeal from the Iowa District Court for Audubon County, Craig M. Dreismeier, Judge.  AFFIRMED AS MODIFIED AND REMANDED WITH INSTRUCTIONS.  Heard by Greer, P.J., and Langholz and Sandy, JJ.  Opinion by Sandy, J.  (17 pages)

            Alison Brinker appeals the district court decree dissolving her marriage with Jason Owen, arguing the district court (1) undervalued the Owen family acreage, (2) failed to value certain farm equipment separately from the Accu-Steel company valuation, (3) undervalued the Klocke and Klein farms, and (4) wrongly denied her spousal support.  OPINION HOLDS: We affirm the district court’s valuation of Accu-Steel.  We modify the district court’s denial of spousal support to Alison and determine that she shall be awarded $3500 in monthly traditional spousal support consistent with this opinion.  We affirm the district court in all other respects and remand for purposes of calculating child support.

            Appeal from the Iowa District Court for Winneshiek County, John J. Sullivan, Judge.  AFFIRMED.  Heard by Tabor, C.J., and Schumacher and Chicchelly, JJ.  Opinion by Chicchelly, J.  (8 pages)

            Windridge Implements, LLC appeals the district court’s ruling ordering it to pay unpaid contractual damages to BMO Harris Bank, N.A.  OPINION HOLDS: Because the court did not err by enforcing the contractual obligation, we affirm.

            Appeal from the Iowa District Court for Linn County, Carrie K. Bryner, Judge.  AFFIRMED.  Considered by Greer, P.J., and Langholz and Sandy, JJ.  Opinion by Greer, P.J.  (17 pages)

            The juvenile court terminated the mother’s parental rights to M.S., born in 2021, pursuant to Iowa Code section 232.116(1)(h) (2023).  On appeal, the mother challenges the juvenile court’s conclusion the statutory ground was proved, arguing M.S. could have been returned to her custody at the time of the termination trial or, alternatively, that the Iowa Department of Health and Human Services failed to make reasonable efforts at reunifying her with the child.  She also argues that the loss of her rights is not in the child’s best interests because of the bond the two share.  OPINION HOLDS: We affirm the termination of the mother’s parental rights to M.S.

            Appeal from the Iowa District Court for Linn County, Carrie K. Bryner, Judge.  AFFIRMED.  Considered by Greer, P.J., and Langholz and Sandy, JJ.  Opinion by Greer, P.J.  (13 pages)

            The juvenile court terminated the mother’s parental rights to L.S., born in 2019, pursuant to Iowa Code section 232.116(1)(f) (2024).  On appeal, the mother challenges the juvenile court’s conclusion the statutory ground was proved, arguing L.S. could have been returned to her custody at the time of the termination trial or, alternatively, that the Iowa Department of Health and Human Services failed to make reasonable efforts at reunifying her with the child.  She also argues that the loss of her rights is not in the child’s best interests because of the bond the two share.  OPINION HOLDS: We affirm the termination of the mother’s parental rights to L.S.

            Appeal from the Iowa District Court for Marshall County, Paul G. Crawford, Judge.  AFFIRMED.  Considered by Tabor, C.J., Schumacher, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (5 pages)

            The juvenile court terminated the father’s parental rights to F.M., born in 2016; D.M., born in 2018; and S.M., born in 2018, pursuant to Iowa Code section 232.116(1)(f) (2024).  On appeal, the father concedes the statutory ground for termination was proved.  He argues it is in the children’s best interests to give him six more months to work toward reunification with the children, who had been returned to the mother’s custody.  Alternatively, he asks us to apply the permissive factor in section 232.116(3)(a) to save the parent-child relationships.  OPINION HOLDS: Because we cannot conclude the need for removal would no longer exist in six months and decline to apply a permissive factor to save the parent-child relationships, we affirm the termination of the father’s parental rights.

            Appeal from the Iowa District Court for Polk County, Kimberly Ayotte, Judge.  AFFIRMED.  Considered by Chicchelly, P.J., Buller, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (6 pages)

            A mother appeals the termination of her parental rights to three children.  OPINION HOLDS: Because the mother has not shown she is able of meeting her children’s needs—particularly the substantial medical needs of one of the children—and termination is in the children’s best interests, we affirm.

            Appeal from the Iowa District Court for Polk County, Lynn Poschner, Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Badding and Buller, JJ.  Opinion by Buller, J.  (5 pages)

            A father appeals the termination of his parental rights.  OPINION HOLDS: Finding termination is in the child’s best interests and no permissive exception applies, we affirm.

            Appeal from the Iowa District Court for Linn County, Carrie K. Bryner, Judge.  AFFIRMED.  Considered by Greer, P.J., and Langholz and Sandy, JJ.  Opinion by Sandy, J.  (9 pages)

            A mother appeals the termination of her parental rights to her son under Iowa Code section 232.116(1), paragraphs (e) and (h) (2024), arguing (1) the grounds for termination were not supported by clear and convincing evidence, (2) the State did not make reasonable efforts for reunification, and (3) she should have been granted an additional six months to work towards reunification.  OPINION HOLDS: We affirm the district court’s termination of the mother’s parental rights.

            Appeal from the Iowa District Court for Linn County, Cynthia S. Finley, Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Badding and Buller, JJ.  Opinion by Buller, J.  (6 pages)

            A mother appeals termination of her parental rights to two children.  OPINION HOLDS: Because the mother failed to preserve error on the reasonable‑efforts and relative‑custody‑exception claims, and since termination is in the children’s best interests, we affirm.

    Appeal from the Iowa District Court for Wapello County, Susan Cole, Judge.  AFFIRMED.  Considered by Tabor, C.J., and Schumacher and Chicchelly, JJ.  Opinion by Tabor, C.J.  (6 pages)

    A father appeals the termination of parental rights to one child.  OPINION HOLDS: After our de novo review of the record, we credit the views of the professionals in the case that, despite making efforts to gain parenting skills, the father lacks the ability to care for the child safely.  We affirm the juvenile court order.